Revenko N.I. —
Ideal traces as an element of the forensic characteristics of "Your relative got into trouble" frauds
// Law and Politics. – 2024. – ¹ 8.
– P. 45 - 56.
DOI: 10.7256/2454-0706.2024.8.71447
URL: https://en.e-notabene.ru/lpmag/article_71447.html
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Abstract: The subject of the study is the ideal traces formed when committing frauds against the elderly, using the method of providing false information by phone that their close relative or acquaintance was in a traffic accident and needed help. The mechanism of formation of traces for this type of fraud depends on the method of its commission in modern conditions, when fraudsters remotely convince victims to transfer money through a courier. When committing these crimes, a set of ideal traces is formed, which in criminology include the testimony of victims, witnesses, suspects, and accused. The investigator's knowledge of the typical features of the ideal traces of the type of crime under consideration will allow to establish the mechanism of committing a criminal act, identify the circle of witnesses to the crime, determine the list of investigative actions aimed at collecting evidence. Research methods: the research is based on comparative legal, formal legal, systemic structural and specific sociological methods. The analysis of the materials of criminal cases allowed us to conclude about a certain set of ideal traces formed during the commission of the type of fraud in question. At the initial stage of the investigation, the testimony of the victims, who provide complete information about the event of the crime, is of great importance. The paper provides the author's justification for the conditions of presentation for the identification of a suspect by voice. Among the close relatives or acquaintances of the victim, three groups of witnesses have been identified who should be questioned during the investigation of the type of crimes in question. These include persons whose name the fraudsters presented themselves to; persons to whom the victim reported the incident and persons who are eyewitness. The ideal traces for this category of fraud include the testimony of suspected couriers, who, as a rule, plead guilty and give confessions. The testimony of other persons who contacted the courier and have information about the crime event is also important.
Revenko N.I. —
Material and electronic-digital traces as an element of the forensic characteristics of frauds committed in the way "Your relative got into trouble"
// Legal Studies. – 2024. – ¹ 8.
– P. 58 - 66.
DOI: 10.25136/2409-7136.2024.8.71604
URL: https://en.e-notabene.ru/lr/article_71604.html
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Abstract: The subject of the study is the material and electronic-digital traces formed during the commission of fraud in the way "Your relative got into trouble". Despite the fact that the fraudster communicates with the victim by phone remotely, when committing fraud, there remains a certain set of material traces, the detection and investigation of which will allow to identify the fraudster courier and prove the event of the crime. The separation of electronic and digital traces into a separate group is associated with the use of information technology by fraudsters. During the investigation, the investigator seizes and examines such an electronic digital trace as a video recording from the victim's place of residence, from the location of the ATM used to transfer money stolen from the victim. Also, this group of traces includes information contained in the cell phones of the victim and the suspect, which confirm the latter's involvement in the crimes committed as part of a criminal group. The study was conducted using general scientific methods of cognition: analysis, synthesis, deduction, induction, analogy; empirical methods: description, comparison, as well as private scientific methods: legal, sociological, formal legal. The novelty of the study, the conclusions. The analysis of criminal cases made it possible to establish that when committing this type of fraud, there are material traces that allow identifying the fraudulent courier, as well as proving the fact of committing a crime. Depending on the method used, specific traces remain, called in criminology as electronic-digital, which include video recordings from surveillance cameras of a fraudster courier at the moment when he came to the victim for money and transferred them to the account indicated to him through an ATM. The author's position is expressed that with the participation of a suspect during the inspection of video recordings, his testimony should be recorded in the interrogation protocol, and not in the protocol of inspection of objects. A large set of traces is contained in the memory of a cell phone seized from a fraudulent courier.